Can grandparents ask for contact with a grandchild in Ontario?

Yes. Under Ontario's Children's Law Reform Act, any person other than a parent, including a grandparent, may apply to court for a contact order with a child. The court decides only on the child's best interests, and the child's relationship with grandparents is one of the listed factors. In a divorce case under the Divorce Act, a grandparent needs the court's leave to apply.

How grandparents can seek time with a grandchild in Ontario

When parents separate, grandparents can lose regular time with grandchildren, sometimes because of distance and sometimes because of conflict with one parent. Ontario law does not give grandparents an automatic right to visits, but it does give them a way to ask. For an overview of parenting matters, see our custody and access (parenting) page.

The key concepts come from the Children's Law Reform Act. "Contact" means the time a child spends in the care of a person other than the child's parent, whether or not the child is physically with that person (s. 18(1)). Parents have "parenting time"; grandparents and others have "contact". Our page on decision-making responsibility and parenting time explains the difference.

1. Try to arrange time informally first. Often the simplest route is time during one parent's parenting time, with that parent's support.
2. Consider mediation. A neutral mediator can help grandparents and parents agree on a schedule.
3. Apply for a contact order. Any person other than a parent, including a grandparent, may apply to a court for a contact order (s. 21(3)). The application must include an affidavit with the applicant's proposed plan, any involvement in family or criminal proceedings, and information relevant to the best interests factors (s. 21(4)).
4. The court decides on best interests. The court considers only the child's best interests, with primary consideration to the child's safety and well-being (s. 24(1) and (2)); see how courts decide a child's best interests.
5. The order sets the terms. The court may grant contact to one or more persons other than a parent (s. 28(1)(a)(iii)) and add terms about the manner, frequency or location of contact (s. 28(1)(c)).
6. Later changes. A contact order can be varied on a material change in circumstances that affects the child's best interests (s. 29).

Ontario law and the Divorce Act compared

What the court looks at

The best interests factors in section 24(3) expressly include "the nature and strength of the child's relationship with each parent, each of the child's siblings and grandparents and any other person who plays an important role in the child's life". That gives an established grandparent relationship real weight. Other factors are just as important in a grandparent case: the child's need for stability, the child's views and preferences given their age and maturity (see whether a child gets a say), each person's ability to communicate and co-operate, and any family violence.

Under the Divorce Act, the court must also consider whether contact could otherwise occur, for example during the parenting time of another person (s. 16.5(4)). In practice, the same question often arises under Ontario law: if a grandparent can see the child regularly during one parent's time, a separate order may add little.

Preparing a contact application

A contact application is judged largely on the affidavit that comes with it. Section 21(4) requires it to set out the applicant's proposed plan for the child's care and upbringing, information about any current or previous involvement in family proceedings (including child protection proceedings) or criminal proceedings, and any other information relevant to the best interests factors. A strong affidavit is specific: how often you saw the child, what you did together, who arranged it, and how the child benefits.

The court process then follows the Family Law Rules. Cases about contact are among those where the parties usually attend a mandatory information program early on (r. 8.1), and a case conference on the substantive issues normally comes before any contested motion (r. 14(4)). Under the Divorce Act, a court can also make an interim contact order while the application is pending (s. 16.5(2)).

Be ready for the parents' perspective. A parent who opposes contact will usually explain why, and the court will look closely at whether the proposed contact would add stability for the child or draw the child into conflict. Showing that you will respect the parents' rules, routines and decisions is often as important as showing the strength of the relationship.

What changes the answer

• The existing relationship. A close, regular relationship before the separation is the strongest foundation for a contact claim.
• Conflict with a parent. Contact that exposes a child to conflict between a grandparent and a parent may not be in the child's best interests. Willingness to support the child's relationship with both parents matters.
• Whether a parent will facilitate contact. If one parent supports regular visits during their time, a court order may be unnecessary.
• Safety. Family violence and other proceedings relevant to the child's safety are listed factors (s. 24(3)(j) and (k)).
• Moves and travel. A person with contact must be told of a parent's planned change of residence or relocation (ss. 39.1 and 39.3), and a person with contact must give notice of their own change of residence (s. 39.2); see moving with a child. Grandparents taking the child abroad need consent letters from the parents; see travelling with your child.
• Seeking more than contact. A grandparent who seeks decision-making responsibility, for example where parents cannot care for the child, faces extra steps: a police records check and a children's aid society records search (ss. 21.1 and 21.2).

A worked example

For example, imagine grandparents in Toronto who looked after their grandson three afternoons a week from infancy until he was six, when his parents separated. Since then, the parent with most of the parenting time has stopped the visits after a family argument, while the other parent sees the child only every second weekend and lives two hours away.

The grandparents first ask for mediation, which the parent declines. They apply under section 21(3) for a contact order, with an affidavit describing the history of care, a modest proposed schedule (one afternoon a week and some holiday time), and a commitment not to discuss the parents' conflict with the child. The court would weigh the strength of the relationship, the child's need for stability, the child's views, and whether contact could happen during the other parent's weekends. It might order regular contact, contact with conditions, or none at all. This example is hypothetical.

Common mistakes grandparents make

• Taking sides in the separation. Criticizing a parent in front of the child, or in messages, undermines a contact claim.
• Asking for too much. A realistic proposal that fits the child's routines is more persuasive than an equal-time request.
• Applying without trying informal routes. Courts appreciate evidence that you tried to resolve things respectfully.
• Using the wrong statute. In a divorce case, a contact application under the Divorce Act needs leave; under Ontario's Act, a contact application can be made without it.
• Ignoring the order once made. Contact orders must be followed like parenting orders; see when a parenting order is not followed.
• Not keeping records. Photos, calendars and messages that show the history of the relationship are useful evidence.

What to do this week

1. Write a history of your relationship with your grandchild, with dates, routines and examples.
2. Gather photos, calendars and messages that show regular involvement.
3. Ask each parent, in a respectful written message, whether time can be arranged during their parenting time.
4. Consider proposing mediation.
5. Draft a realistic schedule that fits the child's school and activities.
6. Book a free consultation with us to decide whether and how to apply for contact.

Frequently asked questions

Do grandparents have a legal right to see their grandchildren in Ontario?

Not an automatic right. They can apply for a contact order, and the court decides on the child's best interests, which include the child's relationship with grandparents.

Can aunts, uncles or family friends apply too?

Yes. Section 21(3) allows any person other than a parent to apply for a contact order.

Can contact be by video call?

Contact covers time in the person's care whether or not the child is physically with them (s. 18(1)), and the Divorce Act allows contact by visits or any means of communication (s. 16.5(5)).

Can a grandparent ask to raise the child?

A non-parent, including a grandparent, may apply for decision-making responsibility (s. 21(2)), with a police records check and a children's aid society records search.

Where would the case be heard in Toronto?

Contact applications under the Children's Law Reform Act can be brought in the Ontario Court of Justice in Toronto; see the Ontario Court of Justice family courts in Toronto. If the parents are in a divorce case in the Superior Court, see the Superior Court of Justice family court in Toronto.

Can a contact order be changed later?

Yes, on a material change in circumstances that affects or is likely to affect the child's best interests (s. 29).

What if one parent supports our visits but the other does not?

Then the simplest arrangement is often time during the supportive parent's parenting time. The Divorce Act tells the court to consider whether contact could otherwise occur in this way (s. 16.5(4)), and an Ontario court weighing best interests is likely to ask the same practical question before making a separate order.

Sources

• Children's Law Reform Act, R.S.O. 1990, c. C.12 (ss. 18, 21, 21.1, 21.2, 24, 28, 29, 39.1 to 39.3)
• Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) (ss. 16, 16.5)
• Government of Canada, Consent letter for children travelling outside Canada